Publication
This chapter offers additional components that contribute to how and why the NSR is
a national priority for Russia. First, the history of the Russian Arctic and NSR play
an essential role for Moscow in two ways, including 1) the role of history for international
law in general, and 2) NSR-related history as part of Russia’s official international
legal position. Second, Article 234 of UNCLOS established the foundation of the Russian
current legal premise and allows Russia significant interpretative latitude for implementation
purposes with pressure to have the Kremlin position become customary law sooner rather
than later because ‘ice-covered waters’ continuously loses justification power. Third,
in 2018, Putin announced surprising tonnage goals for the NSR. In response, authorities
domestically advocated to redefine the NSR several times without considering that
the definition of the NSR cannot be changed without marginalizing the entire official
legal position. Fourth, and final, the ultimate goals of Russia to control surface
waters has potentially profound impacts to global principles involving freedom of
navigation. By unpacking these factors involving one of Russia’s top national strategic
priorities – and the top priority for the Russian Arctic – this chapter endeavors
to expand the understanding of national security-related interests of the NSR.